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  • 14 Questions about VA Disability Compensation Benefits Claims

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    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
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  • Most Common VA Disabilities Claimed for Compensation:   

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  • Can a 100 percent Disabled Veteran Work and Earn an Income?

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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
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      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

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    • VA has a special where we can ask questions TODAY, at 3:00 to "people that matter?"  Someone should ask why we can not ask them questions EVERY day, why today only? (This is a big problem with VA..the 800 number often does not give specific answers).  We should have people in VA who "solve Vets problems" like Allison Hickey did a few years ago. 
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    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
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jfrei

Reading granted cases about AA

Question

Here’s a similar case to mine I’m reading

October 23, 2008, entitlement to a rating of 100 percent for a TBI is granted, subject to statutory and regulatory provisions governing the payment of monetary benefits. The claim of entitlement to TDIU is dismissed. Entitlement to a 50 percent rating for the headaches residuals of a TBI is granted, subject to statutory and regulatory provisions governing the payment of monetary benefits. Entitlement to special monthly compensation based on the need for aid and attendance is granted, subject to statutory and regulatory provisions governing the payment of monetary benefits.

 

that being said if AA is awarded in this case which it was how is it determined the level of AA to be given?

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 I wont cite the regulations again, but the level of A and A is dependent upon the skill of the caregiver required, mostly.  

If the person giving you care is NOT a nurse, NOT a doctor, and not a physicial therapist, then you get the lower level of A and A.

However, if you are so sick that a NURSE has to check on you, change bandages, IV's, clean wounds, etc, etc., then you get a higher level of A and A.  What level of care are you getting?  Is it from a nurse?  

As I explained before, the higher levels are meant to keep you out of the nursing home, because it may be cheaper for a nurse to come check on you, rather than have nursing care around the clock.  

So, do you think you are ready for a nursing home, or you have a nurse coming to check on you all the time?  If so, you may be eligible for the advanced levels of A and A.  

Edited by broncovet

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If my wife/relative wasn’t around yes I do believe so with my moderately impaired short term memory which is what the doctor who did my C&P states as well as being approved for poly trauma rehab for my TBI in Richmond  Va... guess we will find out soon then later my appeal and my SMC aa claim appeals pending case dispatch and claim is pending decision approval. I know the regulations and it’s just such a gray area with people with a TBI still.

Edited by jfrei

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You might get the lowest level of A and A, SMC L,  unless your wife/caretaker is a registered nurse, provided that you have it medically docuemtented you need help with the criteria posted in the A and A schedule.    

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This is alittle old to respond to but what the heck I’ll try. So my doctor put yes I need medication manage, yes I can prepare my own meals but only if their cold can’t be trusted with the stove and oven ( now a fire hazard left oven top on for a week and well long story short My wife cooks the hot stuff) no pun intended, and when asks what I do in a day in a day, he says tries to take care of his children which is effected by my TBI OCD and ADHD. He said tries but didn’t explain in detail other then I try not that I’m very successful but I do my best to get them into daycare most of the time until my wife gets back from her part time job. Is trying to care for my two young children and preparing cold meals and straight up no for aid and attendance and also with the need for medication management due to my TBI and ADHD exacerbated by the TBI? The doctor also stated I can drive anytime I want as long as my wife is with me so being able to drive myself with my wife may hurt me? If it’s a no I’m ok with that there’s nothing left  to appeal about, I also just filed for CG for my wife so I don’t need or want both,  I just wanted one or the other anything if I’m eligible.

Edited by jfrei

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  • Our picks

    • This is the latest Compensation & Pension (C&P) Clinicians Guide dated 20180719. The only other one I've seen is dated 2002, including the one on this website and the VA website. I got this from my claims agent, who got it from the VA.

      VA Compensation & Pension (C&P) Clinicians Guide 2 Final Corrected 20180719.pdf
        • Thanks
        • Like
      • 5 replies
    • I don’t say thank you enough to all of you...
      You, yes you, are the reason HadIt.com has remained a resource-rich resource. Thousands come each month to read, ask questions, or to feel a sense of community.

      Last month June 2020, we over 50k visitors they viewed over 160k pages. Veterans and their advocates, spouses, children, and friends of veterans come looking for answers. Because we have posts dating back 15 years and articles on the home page, they usually can find an answer or at least get pointed in the right direction.

      You all made that possible. Thank you.
        • Like
      • 3 replies
    • Help HadIt.com stay online buy a subscription
      If you can afford it and want to help hadit.com consider buying a subscription this gives you as free viewing of the site and allows me to budget in subscription payments.
       

      You can try it for 1 month for $5 or get a monthly subscription or a yearly subscription.

      Subscribe here https://community.hadit.com/subscriptions/
      • 1 reply
    • VA has a special where we can ask questions TODAY, at 3:00 to "people that matter?"  Someone should ask why we can not ask them questions EVERY day, why today only? (This is a big problem with VA..the 800 number often does not give specific answers).  We should have people in VA who "solve Vets problems" like Allison Hickey did a few years ago. 
        • Like
      • 8 replies
    • The 5, 10, 20 year rules...



      Five Year Rule) If you have had the same rating for five or more years, the VA cannot reduce your rating unless your condition has improved on a sustained basis. All the medical evidence, not just the reexamination report, must support the conclusion that your improvement is more than temporary.



      Ten Year Rule) The 10 year rule is after 10 years, the service connection is protected from being dropped.



      Twenty Year Rule) If your disability has been continuously rated at or above a certain rating level for 20 or more years, the VA cannot reduce your rating unless it finds the rating was based on fraud. This is a very high standard and it's unlikely the rating would get reduced.



      If you are 100% for 20 years (Either 100% schedular or 100% TDIU - Total Disability based on Individual Unemployability or IU), you are automatically Permanent & Total (P&T). And, that after 20 years the total disability (100% or IU) is protected from reduction for the remainder of the person's life. "M-21-1-IX.ii.2.1.j. When a P&T Disability Exists"



      At 55, P&T (Permanent & Total) or a few other reasons the VBA will not initiate a review. Here is the graphic below for that. However if the Veteran files a new compensation claim or files for an increase, then it is YOU that initiated to possible review.



      NOTE: Until a percentage is in place for 10 years, the service connection can be removed. After that, the service connection is protected.



      ------



      Example for 2020 using the same disability rating



      1998 - Initially Service Connected @ 10%



      RESULT: Service Connection Protected in 2008



      RESULT: 10% Protected from reduction in 2018 (20 years)



      2020 - Service Connection Increased @ 30%



      RESULT: 30% is Protected from reduction in 2040 (20 years)
        • Thanks
        • Like
      • 9 replies
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